Case Dismissed Because of Skillful Questioning

Highlights:

By asking the right questions with the right phrasing, CSH was able to show that the plaintiff’s own treating doctor could not say with certainty that the defendant caused the plaintiff’s injury, helping the defendant avoid a potentially costly and embarrassing lawsuit.

Summary:

The plaintiff, a former patient of the defendant physical therapist, brought a professional liability suit against him for an injury the patient claimed was caused by him. Specifically, the plaintiff claimed that he had suffered a tear of his biceps tendon as a result of the therapist’s negligence in manipulating the plaintiff’s arm, an injury that required surgery.

CSH defense attorney John W. Ong conducted a deposition of the surgeon who operated on the plaintiff’s arm. He asked the surgeon questions about the cause of the plaintiff’s injury, and the surgeon admitted that he could only say that the therapist’s treatment may have been the cause of the injury. Because the plaintiff could not show that the therapist was clearly to blame, the court dismissed the suit completely.

Result/Implications:

Due to skillful questioning, CSH defense counsel was able to completely eliminate the lawsuit against the therapist, saving him from having to pay money damages or suffer professional embarrassment.

Disclaimer: The outcome of a particular case cannot be predicated upon past results.